WHERE IS HON. EMMANUEL JAY JAY BANDA?
A PASTORAL AND CONSTITUTIONAL DEMAND FOR TRUTH, TRANSPARENCY AND JUSTICE.
Zambians, I have prayed, reflected and listened. But I cannot remain silent when fundamental questions about justice, human dignity and the rule of law remain unanswered.
On 16 October 2026, the Zambia Police Service, through its spokesperson, Ms Chipo Kaitisha, confirmed that former Petauke Central MP, Hon. Emmanuel Jay Jay Banda, had been apprehended and brought back to Zambia, awaiting formal arrest and charging.
Eleven days later, the nation deserves answers.
Where is he being held? Is he receiving medical attention? Has he accessed his lawyer? Has his family been allowed to see him? When will he appear before a competent court?
These are legitimate questions in a constitutional democracy.
THE CONSTITUTION MUST APPLY TO EVERYONE.
Hon. Banda faces serious allegations, including attempted murder, aggravated robbery and escaping from lawful custody. These allegations must be answered before the courts.
However, let us remember:
* Article 13: Protects arrested persons against unlawful detention and requires them to be brought before a court without undue delay.
* Article 15: Prohibits torture and inhuman or degrading treatment.
* Article 18: Guarantees fair-trial rights, including the presumption of innocence and legal representation.
* Section 33 of the Criminal Procedure Code: Provides safeguards concerning detention without warrant and appearance before a competent court.
These rights are not privileges reserved for the popular, powerful or innocent. They are constitutional protections for everyone.
MY RESPECTFUL BUT FIRM DEMANDS TO GOVERNMENT
As a Minister of the Gospel and a citizen of Zambia, I demand:
1. DISCLOSE HIS WHEREABOUTS: Where is Hon. Banda being held, and under whose authority?
2. CONFIRM HIS WELLBEING: Provide credible confirmation of his condition and appropriate medical care.
3. GUARANTEE ACCESS: Ensure access to his lawyer, medical attention and reasonable family contact.
4. RESPECT DUE PROCESS: Explain his legal status and ensure his appearance before a competent court without undue delay.
5. EXPLAIN THE CROSS-BORDER OPERATION: Clarify the legal basis of his apprehension and transfer from Mozambique.
These are not unreasonable demands. They are questions of constitutional accountability.
THIS IS NOT A DEFENCE OF CRIME. IT IS A DEFENCE OF THE CONSTITUTION.
If Hon. Banda committed the offences alleged, let the evidence be presented and the courts determine his guilt.
But an accusation does not suspend the Constitution. Neither does escaping from lawful custody give the State permission to disregard the law.
We cannot condemn lawlessness on our streets while tolerating lawlessness in the exercise of State power.
Justice must be impartial. Human rights must be universal. The law must apply regardless of political affiliation, influence or public opinion.
As my sister, Linda Kasonde SC, has rightly highlighted, protecting the rights of even the most unpopular among us is essential to constitutional democracy.
A WORD TO ZAMBIANS
Do not celebrate a person’s disappearance. Do not confuse silence with justice.
Today, it is Jay Jay Banda. Tomorrow, it could be someone you love.
The Bible declares:
“Open thy mouth for the dumb in the cause of all such as are appointed to destruction.” Proverbs 31:8 (KJV).
I am not speaking for Tonse. I am not speaking for UPND. I am speaking as a Zambian and a Minister of the Gospel who believes that justice must have no political colour.
WHERE IS HON. EMMANUEL JAY JAY BANDA?
Government, prove your critics wrong. Account for his whereabouts, confirm his wellbeing and demonstrate that the rule of law remains alive in Zambia.
A GOVERNMENT THAT RESPECTS THE CONSTITUTION HAS NOTHING TO FEAR FROM TRANSPARENCY.
I will not be silent when justice and human dignity demand a voice.
God bless Zambia. God bless justice for all.
Rev. Peter K. Nsama.
27 October 2026.